Legal Opinion

Harriman Woods Associates v. Town of Monroe

New York Supreme Court

Decided June 12, 1989Published

1Opinion of the Court

OPINION OF THE COURT

Nicholas Colabella, J.

In a proceeding pursuant to CPLR article 78, petitioner seeks to annul (1) resolutions authorizing phase II of an industrial access road under Town Law § 200 and (2) a special assessment for the road for the 1988 tax year.

BACKGROUND

In 1974, the Town Board of Monroe (hereafter Board) approved construction of phase I of an access road to a proposed industrial park. The construction was financed pursuant to the Highway Law as a town charge.

On June 3, 1985, the Board adopted a resolution stating its intent to construct phase II of the access road.…

2Cases cited9 opinions

  1. Aldrich v. PattisonAppellate Division of the Supreme Court of the State of New York · 1985
  2. Remsen v. . WheelerNew York Court of Appeals · 1887
  3. Friends of Pine Bush v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 1982
  4. Albany Area Builders Ass'n v. Town of GuilderlandAppellate Division of the Supreme Court of the State of New York · 1988
  5. General Building Contractors of New York State, Inc. v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1973

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